Dunn v. City of Rocky Mount, North Carolina et al

Filing 35

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered June 16, 2011, that defendant Moseley is entitled to qualified immunity and public officer's immunity, the City defendant is entitled to governmenta l immunity and that plaintiff has failed to put forward evidence substantiating his § 1983 or intentional tort claims. Defendants' motion for summary judgment is GRANTED. The plaintiff shall have and recover nothing from this action. Signed by Dennis P. Iavarone, Clerk of Court on 06/20/2011. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

KEITH OTIS DUNN,
Plaintiff,
v.
DONALD MOSLEY, Officer, Rocky
Mount Police Department, individually
and in his official capacity; and CITY
OF ROCKY MOUNT, NORTH
NORTH CAROLINA, ROCKY MOUNT
POLICE DEPARTMENT,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

JUDGMENT
No. 4:10-CV-28-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, Chief United States District Judge, for
consideration of defendants’ motion for summary judgment.
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s order entered
June 16, 2011, that defendant Moseley is entitled to qualified immunity and public officer’s
immunity, the City defendant is entitled to governmental immunity and that plaintiff has failed to
put forward evidence substantiating his § 1983 or intentional tort claims. Defendants’ motion for
summary judgment is GRANTED. The plaintiff shall have and recover nothing from this action.
This Judgment Filed and Entered on June 20, 2011, and Copies To:
Brian K. McDaniel (via CM/ECF Notice of Electronic Filing)
Thomas Franklin Loflin, III (via CM/ECF Notice of Electronic Filing)
J. Nicholas Ellis (via CM/ECF Notice of Electronic Filing)
June 20, 2011

DENNIS P. IAVARONE, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk